Thus was the redoubtable Braxfield forced to yield to the persistence of
the fiery young counsel. On reading the discussion as reported, one
cannot but think that Clerk was clearly in the wrong, and that his
contention as to the jury being judges both of the fact and of the law
was, as Braxfield roundly put it, “talking nonsense.” Nor does it
appear that the line which he saw fit to adopt could in any way benefit
his unfortunate client, whose interests would have been better served by
more temperate methods. Clerk, however, was thoroughly pleased with his
performance, and subsequently observed that it was “the making of him”
professionally.
It is said that Clerk’s indignant repudiation of the prosecutor’s
argument that the King’s pardon made Brown an honest man reached the
ears of Robert Burns, and led him afterwards to write the famous lines--
A prince can mak’ a belted knight,
A marquis, duke, an’ a’ that;
But an honest man’s aboon his might,
Gude faith, he mauna fa’ that!
At three o’clock in the morning the Dean of Faculty rose to address the
jury on behalf of Deacon Brodie. In spite of the fact that he had been
continuously engaged upon the case since nine o’clock the preceding
morning, no signs of exhaustion appear in his eloquent and powerful
speech. Every point telling in favour of the prisoner was given due
prominence, and the utmost was made of the somewhat flimsy material of
the _alibi_; the whole address forms a fine example of forensic oratory.
At half-past four o’clock the Lord Justice-Clerk--who is said never to
have left the bench since the proceedings began--delivered his charge to
the jury, which, one is glad to find, notwithstanding what had
previously occurred, was a fair and impartial review of the evidence.
His Lordship having concluded his charge at six o’clock on Thursday
morning, the Court adjourned until one o’clock afternoon; the jury were
inclosed; and the prisoners taken back to prison.
The _Edinburgh Advertiser_ remarks--“Mr. Brodie’s behaviour during the
whole trial was perfectly collected. He was respectful to the Court, and
when anything ludicrous occurred in the evidence he smiled as if he had
been an indifferent spectator.”
When the Court met again at one o’clock, the Chancellor of the jury
handed in their written verdict, sealed with black wax, which
unanimously found both panels guilty of the crime libelled, and the Lord
Advocate formally moved for sentence.
Public-domain text, read in full here on John Shaqi.
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